AGB General Terms and Conditions

§ 1 Subject matter of the contract
(1) The subject matter of the respective contract is the service relating to awnings, roller shutters and ancillary services. The details and the work included in the scope of services are set out in the customer’s order
(2) You conclude a contract for work and services with us. In addition to the provisions of this contract, Sections 631 et seq. BGB shall apply.

§ 2 Remuneration
(1) The remuneration for one of the aforementioned services is determined by the placement and acceptance of the order. The price includes the statutory value added tax.
(2) A down payment of 20% of the remuneration shall be due for payment when the order is placed. The remaining amount shall be due for payment immediately and without deduction upon completion of the work.
(3) We can make the start of the activity dependent on receipt of the down payment.

§ 3 Dates and deadlines
(1) Execution dates shall be recorded in writing or verbally when the respective order is placed. Execution shall take place as agreed.
(2) If the agreed deadlines and dates are culpably not met, the respective party shall be set a reasonable deadline for performance; after expiry of the grace period, default shall commence without further notice.

§ 4 Duties of the client to cooperate
The client is obliged to cooperate insofar as this results from the duties regulated in the agreement and the service description.

§ 5 Acceptance
(1) Acceptance of the contractual service shall take place after completion. Partial acceptance shall not take place.
(2) The contract is fulfilled with the final payment for the order.
(3) If the service is not in accordance with the contract and the client therefore rightly refuses acceptance or if acceptance takes place subject to the elimination of defects to be specified in the protocol, we are obliged to provide a service in accordance with the contract without delay and to eliminate the defects, to inform the client of the expected duration of the elimination of defects and to notify the client of the elimination of defects after completion of the rework.

§ 6 Changes to services
(1) The customer may request changes to the content and scope of the services. This shall also apply to parts already provided and delivered.
(2) If the changes are not merely insignificant, we may determine the time delays and additional expenses incurred as a result of the desired changes and the parties shall agree on a corresponding adjustment to the contract. If the parties fail to reach an agreement, we shall be entitled to reject the request for changes.
(3) The Contractor may not claim additional remuneration for changes in performance for which the Client is not responsible.
(4) All changes to services must be regulated in a written supplementary agreement prior to the start of execution, in which the additional remuneration and any changes to the time schedule must be recorded.

§ 7 Warranty
We are liable for material defects and defects of title in accordance with the provisions of the German Civil Code (BGB) for the contract for work and services, but the client must first assert the rights to subsequent performance. If this fails, the client shall be entitled to further rights in respect of defects (self-remedy, withdrawal, reduction, compensation).

§ 8 Liability
We shall only be liable for intent and gross negligence – except in the event of a breach of material contractual obligations, injury to life, limb or health or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

§ 9 Termination / withdrawal after order placement

(1) If the customer withdraws from the contract despite having placed the order, a flat-rate fee of EUR 80.00 plus VAT shall be payable.
(2) An agreed appointment can be canceled free of charge up to 24 hours before the scheduled start of the appointment at the latest. If the cancellation is made less than 24 hours before the appointment, a cancellation fee of EUR 80.00 plus VAT will be charged.
(3) If the cancellation is only made on site, a cancellation fee of EUR 80.00 plus statutory VAT and a vehicle flat rate of between EUR 25.00 and EUR 40.00 plus statutory VAT will be charged.

§ 10 Offsetting, right of retention
(1) The Client may only offset against the Contractor’s claims with undisputed or legally established claims.
(2) The Client may only exercise a right of retention if its counterclaim is based on a contract concluded with us.

§ 11 Duty to provide information in accordance with § 36 VSBG
We do not participate in consumer arbitration proceedings under the Consumer Dispute Resolution Act.

§ Section 12 Place of performance, place of jurisdiction
(1) The place of performance for all obligations arising from this contract is the Contractor’s registered office.
(2) Hamburg is agreed as the exclusive place of jurisdiction for disputes arising from and in connection with an order.

§ 13 Final agreements
(1) Should a provision of these GTC be or become invalid, or should these GTC contain a loophole, this shall not affect the validity of the remaining points of the GTC.